As used in this chapter, "sexual misconduct" means:
(1) Any sexually exploitive act with or to a student. Sexually exploitive acts include, but are not limited to, the following:
- (a) Any sexual advance, verbal, written or physical.
- (b) Sexual intercourse, as defined in RCW 9A.44.010.
- (c) Sexual contact, i.e., the intentional touching of the sexual or other intimate parts of a student except to the extent necessary and appropriate to attend to the hygienic or health needs of the student.
- (d) Engaging in sexual grooming of a student, such as befriending and/or establishing a connection with a student or a student's family to lower the student's inhibitions for the purpose of a sexual relationship.
- (e) The provisions of (a) through (d) of this subsection shall not apply if at the time of the sexual conduct the participants are married to each other.
- (2) Indecent exposure, as defined in RCW 9A.88.010.
- (3) Sexual harassment of another as defined under local employer policy.
- (4) Commission of a criminal sex offense as defined under chapter 9A.44 RCW.
- (5) Sexual abuse or sexual exploitation of any minor as found in any dependency action under chapter 13.34 RCW or in any domestic relations proceeding under Title 26 RCW.
- (6) For purposes of this section, sexual misconduct occurs only when a school district determines it has sufficient information to conclude that an employee engaged in the sexual misconduct and it resulted in the employee leaving a position with the school district. Under RCW 28A.400.301, a district is prohibited from entering into any contract or agreement that has the effect of suppressing information about the misconduct of a present or former employee or has the effect of expunging such information from employer files, and a district must forward information regarding sexual misconduct to prospective employing districts.
[Statutory Authority: Chapter 28A.410 RCW. WSR 21-08-022, § 181-88-060, filed 3/29/21, effective 4/29/21. WSR 06-02-051, recodified as § 181-88-060, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.400.301. WSR 04-23-011, § 180-88-060, filed 11/4/04, effective 12/5/04.]